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2026 Supreme(Online)(Ker) 9575

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, M.B. SNEHALATHA, JJ
APARNA.L – Appellant
Versus
K.A.ANOOP ARAVIND – Respondent
OP (FC) NO. 85 OF 2026 | IA 1/2024 | OP(OTHERS) NO.765 OF 2024



Advocates:
For the Appellants/Petitioners: SMT.BHANU THILAK, SHRI.S.R.PRASANTH, SMT.AISWARYA KRISHNAN, SHRI.VISHNU.R

The court can adjudicate on pending matters if the necessary parties have appeared despite other applications awaiting service completion.

Headnote:In this judgment, the High Court discussed the applications filed under OP (FC) No. 85 of 2026. The petitioner sought directions for the Family Court to take up pending applications including I.A.No.1/2024 for attachment of property. The Court found it could not expedite applications I.A.No.8/2025 and I.A.No.9/2025 due to lack of service. Nevertheless, it directed the lower court to consider I.A.No.1/2024 imminently. The final orders stipulated the Family Court to resolve the matter within three weeks from the judgment's date.

Table of Content
1. the petition for expediting hearing on attachment applications. (Para 1 , 2)
2. court observes limitations on directing hearings. (Para 3)
3. court allows hearing of i.a.no.1/2024 with specific timelines. (Para 4)

Devan Ramachandran, J.

The petitioner seeks that Exts.P2, P6 and P7 be directed to be taken up by the learned Family Court and disposed of, within a time frame to be fixed by this Court.

2. We called for a report from the learned Family Court on the status of the afore applications, and the same is now available with us, which reads as follows:

“In obedience to the directions contained in the O.M. under reference, I humbly submit the following for kind perusal.

It is humbly submitted that O.P. No.765/2024 is for recovery of gold and money.

Ext.P2 ie; IA 1/2024 is an attachment petition. Notice was issued, and the respondent Nos. 1 to 3 have entered their appearance and filed their objection.

Ext.P6 ie, IA 8/2025 is for impleading additional respondent 4 and 5. Notice was ordered, but no steps were taken.

Ext.P7 ie; 1A 9/2025 is for restraining the respondent Nos. 4 and 5 from paying amounts to the original 'respondent. Notice was ordered in IA 8/2025 for respondent Nos. 4 and 5, but steps not taken till date. IA 9/2025 can only be considered after the appearance of the respondent Nos. 4 and 5.

Thus the report is submitted for kind consideration.”

3. It is thus obvious that this Court cannot direct the learned Family Court to dispose of I.A.No.8/2025 or I.A.No.9/2025, when steps have not been taken by the petitioner to complete service on the respondents.

4. However, as regards I.A.No.1/2024, since the respondents therein have entered appearance and filed their objections, it should certainly be considered by the Court without having to wait for the other applications. Of course, this will be subject to the question whether the property is owned by the respondents sought to be impleaded or otherwise.

In the afore circumstance, we allow this Original Petition in part, directing the learned Family Court to take up I.A.No.1/2024 and consider the same on merits, after affording necessary opportunities to both sides, provided all necessary parties are already on the party array. This shall be done not later than three weeks from the date of receipt of a copy of this judgment.

Sd/-

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